On the financial affidavit I submitted to the court, I put my gross income to be a lesser amount than I actually earn. The judge has now requested a pay stub from my employer to prove my income.
What can I expect to happen if/when the judge learns that I earn more than I previously stated to the court?
I am not licensed in your state so I am unable to give you legal advice on divorce. I can give general divorce help for men, though.
The requirement of a financial statement/affidavit in the context of a domestic relations proceeding is quite common, and the approach to presentation of this document is generally the same.
You stated that you put less than you earn on your financial statement that was previously submitted to the judge, and you are concerned that the judge is going to review a copy of your pay stub and see that you earn more than you previously stated to the court.
If the judge finds that you purposely misled the court in your previous financial statement, then you can expect anything from a potential charge of perjury to a mere admonishment by the judge.
The circumstances under which you executed the statement are important in providing you with proper advice on divorce. For example, if you completed the previous financial statement at court, for the first time, without having an opportunity to review and/or obtain your financial documents, then the judge may take that into consideration.
Additionally, the disparity in the amount of income you stated on your financial affidavit in comparison to your actual earnings may influence how the judge responds to the discrepancy.
In any event, the judge most likely cannot penalize you for this discrepancy by making you pay more support than you can reasonably afford. The judge’s decision will rest on the evidence presented.
The pay stub from your employer, including any other circumstances relevant in your jurisdiction, will control the judge’s decision on a determination of a child support obligation.
At this point, it is best that you simply prepare a revised financial statement that truly and accurately reflects your current circumstances then present that statement to the court, along with any and all documentation that supports the figures entered into your financial statement.
I have only provided you with general legal information. For a more in-depth answer and financial advice on divorce, you should contact a family law attorney licensed in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Kevin Mammola, an Associate Attorney in the Atlanta, Georgia, office, please contact Cordell & Cordell.